HomeMy WebLinkAboutTHOMPSON WRECKING CO
CITY OF AUGUST A
CONSULTANT SERVICE AGREEMENT
Project: S1. Sebastian Way/Greene St./15th S1.
DE-OOMS(389)
Caunty Richmand P. I. Na.# 262750
This Agreement is made and entered inta this !to day .of , 20b b, by
and between the City .of Augusta, hereinafter called the "City" and ham san Bui1din Wreckin
Ca., Inc., autharized ta da business in Geargia, hereinafter called the "CONSULTANT."
WHEREAS, the City desires ta .obtain the services .of a qualified and experienced cansultant ta
pravide certain services as .outlined in Attachment "A," .of this agreement entitled 'Scape .of Wark';
said services being related ta the Demalitian Activities an the abave referenced project; and
WHEREAS, the QUALIFIED REPRESENTATIVE OF THE CONSULTANT has represented
ta the City that it is experienced and qualified in these activities as identified in said Attachment "A,"
and the City has relied upan such representatian;
NOW, THEREFORE, in cansideratian .of the mutual promises and cavenants herein cantained,
it is agreed by and between the City and the CONSULTANT (further reference herein ta
CONSULTANT shall alsa mean ta include CONSULTANT; QUALIFIED REPRESENTATIVE .of
the CONSULTANT; and, any qualified DESIGNATED REPRESENTATIVE of the CONSULTANT)
that:
1. This Cansultant Service Agreement may be entered inta with either an individual cansultant, as
a single entity, .or with a firm, partnership, carparatian .or cambinatian thereaf.
A. If said agreement is entered inta with a firm, partnership, carparatian .or cambinatian
thereaf, the fallawing regulatians will apply:
1. The names .of the Cansultant's designated representatives must be identified an
Page 5 in this agreement and must be appraved by the Geargia Department .of
Transpartatian (GDOT) and be fully qualified ta perf arm the required services.
2. The City and the Cansultant recagnize that cantinued and uninterrupted
perfarmance .of the specified services is essential. Therefare, it is further agreed
between the parties that in the event a named representative .of this agreement
leaves the Cansultant's emplay, the Cansultant shall immediately natify the City
and with approval fram the City, assign this agreement ta an equally qualified
representative.
B. The representatives designated by a firm, partnership, carparatian .or cambinatian
thereaf ta perfarm certain service assignments hereby understand and agree ta abide by
all requirements and canditians .of this agreement as verified by Cansultant's signature.
2. Cansultant agrees ta begin services as .outlined in Attachment "A" upan receipt .of the Natice ta
Praceed issued by the City.
3. It is understaad and agreed that the cansultant perf arming any wark under this cantract will nat
emplay, assign, .or use any individual in the perfarmance .of this cantract wha is nat
prequalified and nat previausly appraved by the GDOT ta perfarm the services .outlined in
Attachment "A."
4. This agreement is nat assignable by Cans!lltant, either in whale .or in part and na partian .of the
wark may be sublet .or transferred ta any ather persans without priar written appraval .of the
City. If it is discavered that such a vialatian has .occurred, the Cansultant .of recard will be
subject ta suspensian far a periad .of time ta be specified by the City.
5. It is fully understaad and agreed that in the event the services are nat campleted within the
specified time, a penalty .of suspensian fram all cansultant activity far a periad .of time ta be
specified by the GDOT may be impased. Hawever, it is understaad that an extensian .of time
may be granted by the City, under extenuating circumstances, if canditions sa warrant and the
request far such an extensian is submitted in writing.
6. The Cansultant further warrants that he has nat emplayed .or retained any campany .or persan
ather than an individual salely under his emplay ta salicit .or secure this agreement and that he
has nat paid .or agreed ta pay any campany .or persan ather than .one afhis bana fide emplayees
warking salely far him any fee, cammissian, percentage, brakerage fee, gifts, or any ather
cansideratian, cantingent upan .or resulting fram the award .or making .of this agreement. Far
breach .or vialatian .of this warranty, it is understaad that the City will have the right ta annul
this agreement withaut liability, and in the event canditians .or circumstances sa warrant, this
agreement may, by mutual cansent, be adjusted as ta time .or basis .or payment.
7. The Cansultant will immediately natify the City .of any canflicts .of interest which exists .or may
arise in the Cansultant's .or its representatives' perfarmance .of any activity addressed in the
scape .of services .of this agreement. Upan said natificatian, the City will have the aptian .of
either canceling this agreement in its entirety .or withdrawing certain service activities as are
necessary ta eliminate the Cansultant's canflict .of interest.
8. The City shall have the right .of cancellatian far all .or any part .of the services under the terms
.of this agreement far any reasan by giving natice ta the Cansultant herein, and shall be liable
far services furnished .only ta the date .of receipt .of such natice by the Cansultant. In the event
.of cancellatian, Cansultant shall be paid a prapartianate part .of the fee far the particular
services terminated as set farth abave in prapartian ta the wark actually campleted at the date
.of cancellatian. It is agreed that if far any reasan wark under this agreement is terminated, all
wark actually dane by the Cansultant ta the date .of cancellatian shall became the praperty .of
~~ .
9. It is agreed that if a dispute cancerning a questian .of fact in cannectian with the wark nat
dispased .of by this agreement, arises, the decisian afthe City shall be final.
10. The Cansultant agrees ta indemnify and save harmless the City, its .officers, agents, and
emplayees fram any and all claims and lass .occurring .or resulting ta any and all persans, firms,
or carparatians furnishing wark, services, materials .or supplies in cannectian with the
perfarmance .of this cantract, and from any and all claims and lasses .occurring .or resulting ta
any persan, firm, .or carparatian wha may be injured .or damaged by the Cansultant in the
perfarmance of the agreement.
11. The parties hereta agree that the Cansultant, and any agent .of the Cansultant, in the
perfarmance .of this agreement, shall act in an independent capacity and nat as .officers,
emplayees .or agents .of the City.
12. The Cansultant agrees ta camply with all Federal, State and lacal laws and all palicies and
pracedures afthe City applicable ta the wark.
13. The Cansultant alsa agrees ta camply with Federal regulatians relative ta nan-discriminatian in
Federally-assisted pragrams .of the U.S. Department .of Transpartatian as herein defined under
Appendix "A" belaw:
APPENDIX "A"
a. Campliance with Regulatians: The cantractar shall camply with the Regu1atians
relative ta nandiscriminatian in Federally-assisted pragrams of the Department .of
Transpartatian, Title 49, Cade .of Federal Regulatians, Part 21, as they may be amended
fram time ta time, (hereinafter referred ta as the Regulatians), which are herein
incarparated by reference and made a part .of this cantract.
b. Nan discriminatian: The cantractor, with regard ta the wark perf armed by it during the
cantract, shall nat discriminate an the graunds .of race, calar .or natianal .origin in the
selectian and retentian .of cantractars, including pracurements .of materials and leases .of
equipment. The cantractar shall nat participate either directly or indirectly in the
discriminatian prahibited by Sectian 21.5 .of the Regulatians, including emplayment
practices when the cantract cavers a pragram set farth in Appendix B .of the
Regulatians.
c. Salicitatians far Subcantractars, InCluding Procurements .of Materials and Equipment:
In all salicitatian either by campetitive bidding .or negatiatian made by the cantractar
far wark ta be perfarmed under a subcantract, including pracurements .of materials .or
leases .of equipment, such patential subcantractar .or supplier shall be natified by the
cantractar .of the cantractar's abligatians under this cantract and the Regulatians
relative ta nandiscriminatian an the graunds afrace, calar .or natianal .origin.
d. Infarmatian and Reparts: The Cantractar shall pravide all infarmatian and reparts
required by the Regulatians, .or directives issued pursuant thereta, and shall permit
access ta its baaks, recards, accaunts, ather saurces .of infarmatian, and its facilities as
may be determined by GDOT .or the Federal Highway Administratian (FHW A) ta be
pertinent ta ascertain campliance with such Regulatians .or directives, where any
infarmatian required .of a cantractor is in the exclusive passes sian .of anather wha fails
.or refuses ta furnish this infarmatian,.the cantractar shall sa certify ta the GDOT .or the
FHW A, as apprapriate, and shall set farth what effarts it has made ta .obtain the
infarmatian.
e. Sanctians far Nancampliance: In the event .of the cantractar's nancampliance with the
nandiscriminatian provisians .of the cantract, the City shall impase such cantract
sanctians as it, GDOT .or FHW A may determine ta be apprapriate, including, but nat
limited ta:
1) withhalding .of payments ta the cantractar .or under the cantract until the
cantractar camplies, and/ar
2) cancellatians, terminatian .or suspensian .of the cantract, in whale .or in part.
f. Incarparatian .of Pravisians: The cantractar shall include the pravisians .or paragraphs
"a" thraugh "f' in every subcantract, including pracurements .of materials and leases .of
equipment, unless exempt by the Regulatians, .or directives issued pursuant thereta.
The cantractar shall take such actian with respect ta any subcantract .or pracurement as
the City, GDOT .or FHW A may direct as a means .of enfarcing such pravisians
including sanctians far nan-campliance: Pravided, hawever, that in the event a
cantractar becames invalved in, .or is threatened with, litigatian with a subcantractar .or
supplier as a result .of such directian, the cantractar may request the City ta enter inta
such 1itigatian ta protect the interest .of the City, and, in additian, the cantractar may
request the GDOT taenter inta such 1itigatian ta pratect the interest .of the State and
FHW A ta enter inta such litigatian ta pratect the interest .of the United States.
DRUG-FREE WORK PLACE CERTIFICATION
14. The undersigned certifies that the provisians .of Cade Sectian 50-24-1 thraugh 50-24-6
.of the Official Cade .of Geargia Annatated, relating ta the "Drug-free W arkplace Act",
have been camp lied with in full. The undersigned further certifies that:
(1) A drug-free warkplace will be provided far the cantractar's emplayees during
the perfarmance .of the cantract; and
(2) Each cantractar wha hires a subcantractar ta wark in a drug-free warkplace
shall secure fram that subcantractar the fallawing written certificatians: "As part .of the
subcantracting agreem~nt with certifies ta the cantractar that a drug-free
warkplace will be pravided far the subcantractar's emp1ayees during the perfarmance
.of this cantract pursuant ta Paragraph (7) .of Subsectian (B) .of Cade Sectian 50-24-3."
(3) Alsa, the undersigned further certifies that he will nat engage in the unlawful
manufacture, sale, distributian, dispensatian, passessian, .or use .of a cantralled
substance .or marijuana during the perfarmance .of the cantract.
15. All infarmatian and/ar knawledge gained fram the perfarmance .of this agreement are ta
be treated as canfidential and privileged cammunicatian. The Cansultant shall take all
necessary steps ta insure that neither he nar any member .of his staff .or arganizatian
divulges any infarmatian gained fram the perfarmance .of this agreement ta anyane
ather than the praper .officials .of GDOT .or .officials .of the FHW A until autharized by
City Officials ta da sa, .or until the Cansultant is required ta da sa by due process .of law
.or until released fram this abligatian by having publicly testified as ta such findings.
16. It is mutually understaad and agreed that na alteratian .or variatian .of the terms .of this
agreement shall be valid unless made in writing and signed by the parties hereta, and
that na .oral understanding .or agreements nat incarparated herein, and alteratians .or
variatians .of the terms hereaf, unless made in writing between the parties hereta, shall
be binding an any .of the parties hereta.
17. See Attachment "A" far Scape .of Services and Bid Item 06-136 far cantract amaunt
(capy attached).
The undersigned has read all terms and canditians .of this Cansu1tant Service Agreement and
Attachment "A" Scape .of Services and agrees ta fully camply with its cantent.
ATTACHMENT "A"
SCOPE OF SERVICES
Specific tasks included are:
1. Within 14 calendar days .of executed Agreement, submit General Wark Plan ta Owner's Pr.oject
Manager, including scheduled campletian .of all majar tasks.
2. Prepare a Safety Plan and submit t.o Owner's Praject Manager, within 14 days .of executed Agreement.
Plan shauld include emergency respanse pracedures, discussian .of patential hazards, persanal pratective
equipment, air manitaring, etc.
3. Attend Pre-Demalitian Canference with Owner Representatives.
4. Obtain and pay far all required permits, taking inta accaunt all applicable laws and regulatians.
5. Priar ta demalitian wark, utilize an approved Pest Cantral Cantractar ta search far and exterminate
radents faund an the property.
6. Caaperate and suppart enviranmental engineers in their abatement .oversight duties, including aIr
manitaring and abatement campliance inspectians.
7. Dispase .of all hazardaus waste in accardance with Abatement Plan and Lacal and State regulatians.
8. PrateCt all adjacent praperties that may be affected by the demalitian wark, including histaric h.omes
and .operating businesses.
9. Install an eight faat high chain link fence with twa ten faat gates ta secure the site. Fence shall be
placed priar ta start .of Wark and shall remain in place until wark is Substantially Camplete, whereupan
it shall be remaved by the Cantractar.
10. Utilize water-based .or ather appraved dust cantral methads ta reduce migratian .of dust and debris anta
adjaining properties.
11. Campletely demalish, remave and praperly dispase .of all an-site structures, including all cancrete and
asphalt parking areas. The remaval .of this cancrete .or asphalt shauld be dane in such a way as ta
minimize the impact an the surfaces under these materials.
12. Fallawing demalitian, pravide tapagraphical survey .of site, indicating lacatians and sizes .of all
subsurface, residual faundatians, including spread faatings, pile caps and piles, ta a depth .of at least 42"
belaw finished flaar elevatian .of ther graund flaar .of the buildings. Pravide spat elevatians at tap .of
said faundatian structures and statement .of elevatian datum, using Natianal Vertical Geadetic Datum
(NVGD) 1929. Give lacatian .of benchmark used.
13. Caardinate all utility wark with apprapriate autharities, including Augusta Utilities, Geargia Pawer,
BellSauth and the natural gas campany (Atlanta Gas Light).
14. Pravide traffic cantral as needed.
15. Cantact all necessary utility campanies far all apprapriate discannectians .of service and arrange far
remaval .of any utility-awned equipment.
16. Remave all rubble and debris fram the praperty, transpart and dispase .of in accardance with Lacal and
State regulatians.
.17. Pravide evidence .of praper manifests and dispasal procedures, including delivery receipts at permitted
dispasal facilities. Include type .of materials, type/lacatian .of facility, date .of delivery and tipping fee
paid.
18. Camply with all Federal, State and Lacal regulatians.
All salvageable materials will became the property .of the Cantractar, unless specifically nated .otherwise.
HIRAM E. THOMPSON
President
GLEN F. THOMPSON
Vice President
THOMPSON BUILDING WRECKING CO., INC.
631 Eleventh Street
P.O. Box 932
Augusta, Georgia 30903
Phone (706) 722-1432
Fax (706) 722-4253
Commercial
Demolition
Equipment Rental
Grading / Clearing
Ms. Geri Sams - Pracurement Directar
AUGUSTA RICHMOND COUNT530 Greene Street - Raam 605
Augusta, Georgia 30911
RE: RFP ITEM NO. 06-136, DEMOLITION OF THE ARTS THEATER
AND CAR WASH
Dear Ms. Sams:
We at Thompson Building Wrecking Ca., Inc. are pleased ta submit our bid pertaining ta
the abave referenced praject, as well as the additianal items of information requested in
yaur Bid Package, as fallows:
CONTACT PERSON OF AUTHORITY - HIRAM E. THOMPSON - PRESIDENT
OFFICE PHONE NO. 706-722-1432 - OFFICE FAX. 706-722-4253 - CELL 840-3340
E-MAIL ADDRESS - linda@thampsonwrecking.cam
SCOPEOF WORK: Demolish and remove .off site bath the car wash and arts theater
camplete: includes associate asphalt and cancrete assaciated with both prajects using
standard equipment; excavator, skid steer and heavy trucks, careful not to disturb graund
as little as possible while performing wark.
EXPERIENCE AND CAPACITY: Thampsan Building Wrecking as been in business
far 45 years and an many occasians warked far the City .of Augusta demolishing
structures of various sizes. Some larger than the twa in this project as well as many
condemned residential structures. As far as capacity, we easily have.six ta eight projects
simultaneously with aver forty (40) emplayees and a fleet .of heavy trucks and equipment.
PERSONNEL: Glen F. Thompsan - Vice President, Marcus B. Thampson-Asbestas
Inspectar and Asbestos Supervisar. . Insurance .(Enclased), Praposal fee (Enclosed)
RFP: (Enclosed), References (Enclased), Resumes (Enclosed).
Thampsan Wrecking may begin wark within ten (10) days afnatice ta proceed and all
wark campleted within thirty (30) days there after.
Please call ifthere are any questians .or if we can be .of further help.
~elY" .
~~~
BID FORMRFP # Item No. 06-136
Demolition of the Arts Theater and .Car Wash
Note: Bids which fail to complete all portions of this form will be considered non-responsive.
Unit
Quantity Units Rate
9!!!
Cost I - Building Demolition & Disposal
Demolish & dispose
lump sum
$ N/A
$ 42,500.00
Cost II _ Demolition of Site Utilities
Demolition & disposal
lump sum.
$ N/A
$
2,380.00
Cost II1- Other Costs
All other direct & indirect costs, overhead, profit, etc.
Lump Sum
$ N/A
$.19,560.00
Total Bid Amount $ 64,440.00
Schedule
Total number of calendar days from Notice to Proceed to Substantial Completion
(fucludes completion oftopo survey)
Total number of calendar days from Substantial Completion to Final Completion
30
30
EX~'~~
,
. .
Bid .
Hiram -. ~. ompso. ..
Title: Prl;;'sjr1<:>nt-. .
Notary:
Commission Expires i/"-/J'~
Date~ ~~.
EMPLOYEE CONFLICT OF INTEREST:
It shall be unethical far any Augusta; GA business .or participant directly .or indirectly in a pracurement cantract when
the emplayee .or .official knows that:
,
(a) the emplayee .or .official .or any member of the emplayee' s .or afficial' s immediate family has a substantial
interest .or fmandal interest pertaining ta the pracurement cantract, except that the purchase .of gaods and
services fram businesses which a member .of the Commissian or other Augusta emplayee has a financial
interest is autharized as per O.C.G.A. 36-1-14, .or the pracu.rement contract is awarded pursuant ta
O.C.G.A. 45-10-22 and45-10~24, .or the transactian is excepted from saidrestrictians byO.C.G.A. 45-10-
25;
(b) Any ath~r persan, business, .or arganizatian with whom the emplayee .or official of any member .of an
emplayee .or .official's immediate family is negatiating or has an arrangement cancerning prospective
emplayment is involved in the pracurement cantract.
Any emplayee .or afficial or any member .of an emplayee's .or .official immediate family who holds a
substantial interest .or financial interest in a disclased blind trust shall nat be deemed ta have a conflict of
interest with regard ta matters pertaining to that substantial interest .or financial interest.
It is the wish of the Owner that minarity businesses are given the .opportunity to submit an the variaus parts .ofthe wark.
. This desire on the part .of the Owner is nat intended ta restrict .or limit competitive bidding or ta increase the cost .of the
work. The Owner supports a healthy free market system that seeks to include respansible businesses and provide ample
appartunity far business grawth and develapment.
The Disadvantaged Business Enterprise Language for Request for Proposals has been included; Please note that
. the DBE fo~s are required to be completed and included as part of your proposals.
USE OF CONFIDENTIAL INFORMATION 1-10-15
It shall be unethical far any Augusta, GA Caunty employee .or .official to knawingly use confidential informatian for
actual .or anticipated personal gain, or far the actual .or anticipated gain of any ather person.
. e~~...~.~
Nartfl:~~ampson ...
President
Campany: Thompson. Building Date: May 3.0, 2006
Wrecking Ca., Inc.
TIDS SHEET IS A REQUIREMENT IN YOUR RFP PACKAGE
ATTACHMENT A
PROPOSED DBE PARTICIPATION
Thampsan Building Wrecking Ca., Inc.
PRIME CONTRACTOR PROJECT
RFP Item No~ 06-136
DBE FIRM PRINCIPAL ADDRESS/PHONE TYPE OF WORK Dollar Value
OFFICIAL NO. of Work
.:.
Total Price: $ N/A
Total DBE value $ N/A
Total DBE percent: N/A %
Signed By:
Title:
. Date:
May 30, 2006
"100% se1f-:-performing"
Revised 1/24/06
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PROJECT
ATTACHMENT B
RFP Item No. 06-136
"
LETTER OF INTENT TO PERFORM AS A SUB CONSUL TANT/SUBCONTRACTOR/SUPPLIER
.~.
TO:
THOMPSON BUILDING WRECKING CO., INC.
(NAME OF PROPOSER)
A. The undersigned intends to perform work in connection with the above project in the following
capacity (check one):
Ail individual
A partnership
xx
A corporation
A joint venture
B. The DBE status of the undersigned is confirmed as follows:
x X By attachment of a current Certificate of Certification issued by the Department of
Transportation
By attachment of a current Certification issued by the Disadvantaged Business
Enterprise Office
C. The undersigned is prepared to perrorm the following work in connection with the above project
Demolish and remove .off site both the car wash and arts
theater complete: includes associated asphalt & conctete
with both prajects using standard equipment~ excavator, skid
steer and heavy trucks,
D. The undersigned states that they will be performing lOO % of the total project.
E. The undersigned will sublet and/or award 0
contractors and lor. non-DBE suppliers. '
::~.
'.
. % of this subcontract to non-DBE
ormal agreement for the above described work with the
e upon the execution of a contract for the project cited
Cf Augusta-Richmond County. ...
. Thompson Building
By: Wrecking. Co., Inc.
(DBE Contractor Firm Name)
Hiram E, Thompson
Signed By:
Revised 1/24/06
'. -.
,~~~
Signature .of Cansultant . .
Address:
\~\ \\~~ ~
~""~~ \~~ ~\
Signature .of Designated Quali
Representati ve
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF:
~~
Natary Public
(SEAL):
MyCa
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~EgentsbemgUSed and\;:~~ ~~,,~~
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See attached far additianal Representatives
(
, .
Based an priar field review .of the services invalved in this cantract prapasal by the Land
Acquisitian persannel as ta the nature and camplexity .of the services required and an my
knawledge of fees paid far said services .of similar cantracts, I have determined that the fees as
prapased under this cantract are reasanable far the services rendered. .
/EMZlI
DIRECTOR OF AUGUSTA
ENGINEERING
ACCEPTED:
- Q 111 cf) ---e-{ ~
j)'l-MAYOR
ATTEST:
WITNESS:
WITNESS:
i3~(f l.,) ~~
YJ~tJ ~~
NOT .
Notary Public Georgia
My Comrnl . Columbia County. 2006
SSloo Expires Aug. 1.